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POWER ABUSE IN LEGAL PROCESSES REFLECTED IN JOHN GRISHAM’S THE INNOCENT MAN: MURDER AND INJUSTICE IN A SMALL TOWN NARRATIVE NONFICTION (2006): A SOCIOLOGICAL PERSPECTIVE PUBLICATION ARTICLES by: Yanita Utaminingsih A 320 090 241 SCHOOL OF TEACHER TRAINING AND EDUCATION MUHAMMADIYAH UNIVERSITY OF SURAKARTA 2013

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Page 1: POWER ABUSE IN LEGAL PROCESSES REFLECTED IN JOHN

POWER ABUSE IN LEGAL PROCESSES REFLECTED IN JOHN

GRISHAM’S THE INNOCENT MAN: MURDER AND INJUSTICE IN

A SMALL TOWN NARRATIVE NONFICTION (2006):

A SOCIOLOGICAL PERSPECTIVE

PUBLICATION ARTICLES

by:

Yanita Utaminingsih

A 320 090 241

SCHOOL OF TEACHER TRAINING AND EDUCATION

MUHAMMADIYAH UNIVERSITY OF SURAKARTA

2013

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1

POWER ABUSE IN LEGAL PROCESSES REFLECTED IN JOHN

GRISHAM’S THE INNOCENT MAN: MURDER AND INJUSTICE IN

A SMALL TOWN NARRATIVE NONFICTION (2006):

A SOCIOLOGICAL PERSPECTIVE

Yanita Utaminingsih

Department of English Education

Muhammadiyah University of Surakarta

[email protected]

ABSTRACT

The major problem of this study is how power abuse in legal processes

reflected in John Grisham’s The Innocent Man: Murder and Injustice in a Small

Town. The objective of this study is to analyze the narrative nonfiction based on its

structural element and to analyze the narrative nonfiction based on sociological

perspective. In analyzing The Innocent Man: Murder and Injustice in a Small

Town, the writer uses descriptive qualitative method and sociological perspective.

The data sources consist of primary data source and secondary data source. The

primary data source is The Innocent Man: Murder and Injustice in a Small Town

narrative nonfiction and the secondary data source are taken from some books,

websites, and other literary and other matters that support this analysis. The

technique of the data collection is library research and the technique of data

analysis is descriptive analysis. The outcomes of this study are as follows. First,

based on the structural analysis of the narrative nonfiction, Grisham emphasizes

that those who are sentenced as guilty are sometimes innocent and are only the

victims of power abuse. Second, based on the sociological analysis, there is a

close relationship between The Innocent Man: Murder and Injustice in a Small

Town narrative nonfiction and social realities of American in the late twentieth

and early twenty first centuries.

Keywords: Power Abuse, Sociological Analysis, The Innocent Man:

Murder and Injustice in a Small Town

A. Introduction

Power is defined as the ability to influence someone to do or not do

something based on orders given. The power can be affected by how high

a person achieves in his education. It means that the higher of a person‟s

education, the higher power he has. People such as judges, polices,

lawyers, detectives would have the power of a high performance in legal

process. John Chipman (in Friedman, 1995: 1) states that the law as the

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provisions outlined by the authorities to regulate the rights and obligations

of the legal. The law is a tool to set the norms in society. So when we live

in society, there should be a law and the process to control the human

activity. By having the rules of applicable law in the country, it

automatically makes the society feel safe and protected from all sorts of

evil.

In the reality, the rights of human are sometimes abused by people

who are not responsible for his own actions. Bratteli (2003: 7) explains

that abuse refers to any willful act or mission of a caregiver or any other

person which results in the physical injury, mental anguish, unreasonable

confinement, sexual abuse of exploitation. Sometimes, a person who has a

high authority abuses their power to pressure others to recognize

something that never done just for the sake of people who have a big

authority. Those who have an authority in law are police, prosecutors,

judges, lawyers, detectives, etc. These people have a high probability in

abusing authority. Abuse of power which is committed by the authorities

can be such as violation of the law (corruption, do the crime, and

embezzlement) and violations of human rights. So power abuse itself is

abusing authority which is owned just for the personal interest.

One of the official sites in America that worked on the case of the

death penalty for innocent people is the Innocence Project. The Innocence

project was founded in 1992 by Barry Scheck and Peter Neufeld. The

Innocence project has freed 305 wrongfully convicted people, including 18

who spent time on death row. Based on the statistical data of the Innocence

Project, there have been 305 post-convicted DNA exonerations in the

United States. The first case is founded in 1989. 18 of the 303 people

exoneration through DNA served their time on the death row

(http://www.innocenceproject.org/).

Through the case of abuse of power resulting in a person sentenced

to death or life imprisonment inspires John Grisham to make a work of

nonfiction written by way of narration that gives impression of such a

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work of literary fiction. John Grisham criticizes about the justice system in

America through his work The Innocent Man. John Grisham is one of the

people who is still care about the justice, so it is encouraged him to write a

true story that is experienced by the citizens of Oklahoma when they

received unfair treatment during the trial proceedings. John Grisham

describes the scene in detail from the murder, the search for evidence and

finally establishes defendants who are innocent.

The major problem of the study is how power abuse in legal

processes reflected in John Grisham‟s The Innocent Man: Murder and

Injustice in a Small Town. Based on the problem, the writer formulates the

objective of the study to analyze the narrative nonfiction through both

structural element and sociological perspective.

Swingewood and Laurenson (1972: 11) state that sociology deal

with the human beings in society. There is a close relationship between

literature and sociology. Sociology is studied the real life, and literature is

created based on phenomena as social life. Swingewood (in Faruk, 1994:

1) states that sociology is a study on people in society and on the social

process and the institution embedded on it. So it is clear that literature is

the work of art that expressed the human life and the problem of society

such as religion, law, norms, economics, and politics.

B. Research Method

The primary data source of the study is The Innocent Man: Murder

and Injustice in a Small Town narrative nonfiction written by John

Grisham. The secondary data sources are taken from some books,

websites, and other literary and other matter that support this analysis. The

technique of data collection is library research, such as 1) reading the

narrative nonfiction, 2) determining the character that will be analyzed, 3)

reading some related books to find out the theory, 4) taking notes of the

influence information in textual in both primary and secondary data, 5)

arranging the data into several groups on its classifications, 6) selecting

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particular part considered important and relevant for analysis, 7) drawing

conclusion and formulating suggestion. The technique used in analyzing

the data is descriptive analysis (Denzin and Lincoln, 2009: 1)

C. Findings

Based on the sociological analysis of The Innocent Man narrative

nonfiction, there is relation between the narrative nonfiction with

American society in the late twentieth and early twenty first centuries.

1. Social Aspect

The class model society in America is divided into three

classes; they are working class, middle class, and upper class. Three of

them are based on job status, income, capital and sometimes birth

(Mauk and Oakland, 1997: 243). In The Innocent Man narrative

nonfiction, John Grisham describes the social class in American

through the character found in that story. The lifestyle of Debbie

Carter show that she belongs to the middle class. Debbie is a twenty

first year old who was graduated from the Ada High School and after

graduating, she worked on the coachlight as a bartender. John

Grisham shows the Debbie‟s life as a middle class because she had her

own car and apartment as the result of her working in the bar.

Besides the middle class, there is also an upper class in the

America during the late twentieth and early twenty first centuries by

describing the character of the prosecutor and detectives in America.

As the educated people, the prosecutor and detective must graduate

from at least at the university. So it can be the reason why the

prosecutor and detective are included to the upper class. As the upper

class, they have a great wealth and prosperous and pride with their job

as a detective and prosecutor. John Grisham also puts the character of

Dennis Smith as the upper class because he has taught at the Junior

High School in Konawa city, but after moving into a rented house he

got a job as a biology teacher and as a coach of basket ball in the

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Noble city (TIM. 34). So by this description, John Grisham takes these

as the upper condition.

Roy Williamson is the reflection of the working class or poor

class. He works as a salesman who is marketing the product from the

Rawleigh Company (TIM. 12). When his son named Ron Williamson

wants to attend the baseball camp, Roy could not afford it because he

does not have enough money. So by this condition, it can be

concluded that Roy Williamson is included to the working class.

The social condition in America inspires John Grisham to

criticize the condition in which there are so many bad habits done by

the factual people mentioned in that story. John Grisham uncovers the

alcoholic habit for almost the character written in that story. Ron

Williamson is one of the factual people who have the bad habit of

drinking alcohol. He often visits the bar to get drink and having sex

with other girl at that bar.

“Ron was hanging around the bars, chasing women, and drinking a

lot of beer (TIM. 25)”.

As the effect of the bad habit, the raping case becomes the

usual thing in America. John Grisham also tells about the condition

when Roy Williamson is accused as the rapist for several women in

Ada. The examples of his rapist case are firstly, there is a girl named

Lyza Lentzch was calling to the police in Ada and told that she was

raped by Ron Williamson (TIM. 27). Secondly, the girl named

Ferneyhough reported to the police that Ron Williamson has raped her

in her apartment. For the second times in five months, Ron paid the

bail. With two rapes accusation, Ron finally left his nightlife (TIM.

28). So by this fact, it is clear that the young people in America have a

sex outside of marriage.

John Grisham also describes about the races found in

America. Through the story of The Innocent Man, John Grisham tells

about the white race. It can be found through the photos of Ron‟s

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family, Debbie, Bill Peterson, Mark Barret, etc. All of them are

included into the white race. By this phenomenon, John Grisham

wants to share that there is so many white race in America in the late

twenty and early twenty first centuries.

2. Economic Aspect

Mauk and Oakland (1997: 250) claims that in 1994, the US

economy recovered steadily and most economic indicators were

positive. Besides that, between 1979 and 1996, the US created 27

million new jobs and leads the world in this area, even though the

equality of jobs varies. These have resulted in the price and wage

stability; the improvement of productivity and growth rates, the dollar

has been performing strongly, although with fluctuations (250).

Through the story of The Innocent Man narrative nonfiction,

John Grisham wants to criticize the economic condition in America

since the late twentieth and early twenty first centuries. Sports can be

one of the new jobs in America. The author emphasizes on how the

sport gives the effect on the economic aspect in America. In the late of

twenty century, baseball becomes so popular in America. The athletes

of baseball use their jobs to fulfill their needs. The people compete

each other to get the best position in the baseball competition in each

group.

John Grisham describes the character of Ron Williamson as

one of the professional baseball player. He has a big talent in playing

baseball. When he was eight year old, Ron Williamson has shown his

talent. One of the coaches of baseball in police eagle heard about the

Ron‟s ability in playing baseball, so as soon as possible the coach

contracted Ron to join at his club in Ada (TIM. 13). Ron Williamson

played in Yankees club. When he was adult and played in Asher, he

became a baseball star player. Ron was elected with the highest price

ever in the Ada city. Soon, he was a professional baseball player.

After getting a lot of money from his playing in the Asher club, he

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bought his own new car „Cutlass Supreme‟ and he also bought some

new clothes. Ron also bought his parent a new color television, and

then he spent the rest of the money in a poker game.

Based on that real fact, John Grisham wants to show to the

readers that sport in America can be a livelihood and can fulfill their

needs. So the main point factor of economic condition is about money.

Money determines if people could live in a better condition or not.

Money also can secure the people whether he or she gets a better

treatment of judicial. It means that if the rich people should face the

trial, he or she can rent the best lawyer, but it is different if the trial

comes to the poor people.

Through the story of Ron Williamson when he got a sentence

of a murder of Debbie and when he was not be a baseball player. The

Pontotoc County did not have a full time public defender. Ron who

are accused of a crime and he cannot hire a lawyer to defend his case.

The judge set a local lawyer to become advocates for the suspects who

are poor. As the consequences, because of a little wages, the lawyer

decided to refuse to handle the case. The judge often provides the

cases to the lawyers who have little or no experience in criminal law.

John Grisham portrayed this condition through the story of Ron

Williamson. When he got a trial and he cannot afford a lawyer, soon

the judge appointed a lawyer named Barney Ward to be Ron‟s

defender. As a fact, Barney Ward is a blind lawyer who always needs

an assistant to finish his law case.

3. Political Aspect

The judicial system in legal processing should be done

correctly and should not be misused. Gorin and Carey (1999: 12)

explains that the „reactive‟ and „proactive‟ are the two major

categories of federal prosecutors. The reactive cases such as a crime

that focused on drugs, however, the proactive cases, actually take a lot

of time because there is need a lot of investigative work that is done

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before a person is arrested. Through the story of The Innocent Man,

there is the example of the proactive cases in which during the trial, it

needs a long investigation done by Bill Peterson as a prosecutor and

Dennis Smith as the detective. Based on the story in The Innocent

Man narrative nonfiction, John Grisham criticizes the judicial process

done by the legal experts. In America especially at the Oklahoma,

there are so many cases related to the judicial system. Through the

story revealed by John Grisham, he describes the real condition about

the judicial in America, especially in Oklahoma.

In Oklahoma, particularly in Ada, John Grisham takes the

example of so many power abuse cases in legal processes. Through

the real story of Ron Williamson and Dennis Fritz, both of them are

the victim of the power abuse. They actually should get the fair trial.

However, the real condition is not based on the real fact. Because of

the behavior of the members of the police and other legal authorities,

finally someone innocent convicted of things they never do before.

John Grisham takes the real story of Ron Williamson and Dennis Fritz

who suffer in prison for so many years. They got the death sentence

for Ron Williamson and sentenced to life imprisonment for Dennis

Fritz. Before the die execution came, Ron Williamson had a lot of

pressure for being in prison. He suffered depression and his mental

condition was unstable, but it was disregarded by the power people in

the court proceedings. Finally, there are people from The Innocence

Project heard about the case of Ron. As soon as possible, they helped

and fight for the rights of Ron to get a new and fair judicial processes.

Through the DNA test, Ron Williamson and Dennis Fritz are proven

innocent and set free.

By this real phenomenon, John Grisham emphasizes that there

is still so many cases related to the abusing of power. Ron‟s judicial

case is just one of the real examples of violations of human rights that

everyone has the right to get a fair trial. In the story of The Innocent

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Man written by John Grisham, he also mentions another cases related

to the power abuse. It happened to Tommy Ward and Karl Fentenot.

Both of them are accused of killing a woman named Denice Haraway.

In the trial of Tommy and Karl case, the prosecutor provides a variety

of false confession. With that false confession, the innocent people are

sentenced to death. By this phenomenon, it shows that the legal

processes in America are still so weak. The innocent people can get

the death sentenced because of the unfair trial.

4. Cultural Aspect

The US has created three major cultures. The first is an ethnic

culture based on Native American civilization, Black slavery, and

immigration, which attempts to express human diversity. The second

is a political culture which tries to unite the people under ideal

versions of „Americanness‟ such as egalitarianism, morality and

patriotism. The third is an economic and consumer culture driven by

corporate and individual competition which encourages the

consumption of goods and services (Mauk and Oakland, 1997: 2).

The American culture of the late twentieth and early twenty

first centuries inspires John Grisham to describe the real situation

happened in the society. In the Innocent Man narrative nonfiction told

that the young people like to go to bar and get drinking. It is one of the

habits of consumerism. It is portrayed as the culture in America.

Getting an alcohol and spending too much time at the bar are the usual

event in America. It can also be found in The Innocent Man story that

Ron Williamson likes to go to the bar and drink an alcohol.

“He was also enjoying late hours in bars and clubs” (TIM. 24)

“They drank beer on the weekends and discovered marijuana. They

chased the girls. Partying became a routine” (TIM. 17)

As the result of spending the time at the nightlife,

automatically the young people are habitually doing the sex. John

Grisham also describes the real situation that happened in Oklahoma.

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The author writes that Ron Williamson is a man who is very popular

in Ada. He is admired by a lot of girls because of his skills in playing

baseball, so he is also easy getting friends, dating and having sex.

“They were young, nice-looking, single again, working hard with

money in their pockets, and they immediately began hitting the clubs

and chasing women together. Ron had always loved the girls, but a

few seasons in the minors had brought an even higher intensity to his

skirt chasing” (TIM. 25).

By this quotation, it is clear that one of the cultures in America

is the young people like drinking a beer and chase the girls to have a

sex. So it inspires John Grisham to criticize the moral value in

American‟s society and to give a better perception to the reader

through his writing in The Innocent Man.

5. Religious Aspect

Mauk and Oakland (1997: 366) explains that there are three

main religions in U.S such as Protestanism, Catholicism, and Judaism.

Through his writing, John Grisham shows the protestant belief by

describing the Ron‟s family.

“Juanita wa a devout Christian, a head strong women who had her

family in church every Sunday and Wednesday and whenever other

services were offered” (TIM. 12).

The quotation above explains that the Juanita grew up he

family around the church. The children never missed Sunday school,

vacation Bible school, summer camp, revivals, church socials, even a

few weddings and funerals (TIM. 12). John Grisham also describes

that Ron Williamson is a man who still know dozens of Scripture

verses.

6. Science and Technology Aspect

Science and technology in America do not only concern on the

industrial side but also focus on the forensic services. In the late

twenty century, America has developed the science and technology

through DNA as the tools for forensic services. The forensic DNA

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testing technology has been applied to identify suspects and victims in

violent crimes. The technology is based on the scientific fact that

every individual‟s DNA is unique except for identical twins. By

analyzing and comparing references samples and biological materials

such as blood, finger nail left behind at the crime scene

(http://www.dnatestingforpaternity.com/forensic-dna-test.html).

In the late twenty and early twenty first century, The America

has developed technology as the rich country. This condition takes

part to the story of The Innocent Man. In the late twenty century,

America has been able to hold the test of truth through DNA testing.

This is another proof of the success of science and technology. John

Grisham shows in his writing through The Innocent Man that in 1993,

a segment of Donahue was devoted to four men who had been

exonerated by DNA testing. Through DNA testing, Ron Williamson

and Dennis Fritz are exonerated guilty from their cases.

7. Power Abuse Cases in the United States

The innocence project has reported several cases of power

abuse in the United State. Based on the DNA testing, the innocence

project has been able to finish the cases or power abuse and exonerate

the people who are innocent. The Innocence Project has exonerated

the eighteen innocent people through DNA testing. One of them is

Ron Williamson and Dennis Fritz. Ron spent a decade on Oklahoma‟s

death row for a criminal case that he did not commit. He was freed in

the 1999 by DNA testing. While his friend named Dennis Fritz was

sentenced to life imprisonment and spent 11 years in a prison before

the DNA testing proved him innocent.

In the Innocent Man story, John Grisham explains why

someone innocent can be sentenced to death and life imprisonment. It

is caused by the prosecutor and detective named Bill Peterson and

Dennis Smith. During the trial of Ron and Fritz crime case, the

prosecutor and the detective provided the witnesses with their false

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confession. By a little evidences and just false confession from the

witnesses, Ron and Fritz are sentenced for something never done

before. But after the Innocence Project came and they apply for a

reissue of a fair trial with using DNA test result, finally both Ron and

Fritz are proven not guilty.

D. Discussion

The Innocent Man is a portrait of American Society in the late

twentieth century. John Grisham through The Innocent Man explains that

in America in the late twentieth and early twenty first centuries there are

three social classes; working class, middle class, and upper class. John

Grisham mentions Debbie Carter as a figure who is in the middle class

since she has a part job at the bar and has her own car and apartment.

Then, John Grisham also mentions the prosecutor and detectives as the

upper class. They exactly have a great education and pride with their job as

the prosecutor and detective. The last, John Grisham mentions Roy

Williamson as the working class because he works as a salesman, so he

does not have a fixed income. Through The Innocent man, John Grisham

explains that most of the young people have a bad habit of drinking

alcohol and spending their time at the bar. Grisham also emphasizes that

there is a lot of young people having sex without marriage in America. So

there is still so many rape cases in America.

The dominant portrait of The Innocent Man is about the power

abuse. John Grisham sees there are so many cases of power abuse in

America. The unfairly judicial system can lead to innocent people

sentenced for things they did not commit before. John Grisham tells

through his writing that there is a poor social relationship between the

legal apparatus and the convicted person. Actually the legal apparatus are

treating the convicted person with arbitrary. They do not pay attention to

the mental condition and health of the convicted person while in prison.

The police often gives stale food for the prisoner. John Grisham also tells

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about the law enforcement in America through this narrative nonfiction.

He mentions that the legal apparatus have committed abuses of power by

doing a lot of adverse actions to the society. Through The Innocent Man,

John Grisham shows that there are a lot of unfair trial processes in

America. There are so many false witnesses provided by the prosecutor.

The community does not believe in legal authorities because someone

deemed capable of protecting society through fair law thus provides a

sense of fear in the community.

Through The Innocent Man, John Grisham wants to give education

to the American society that they should know about their rights as the

citizen of America. Through his work, Grisham wants to give a better

understanding about how the law set up the society, how the law be the

norm or rule that must be follow by any human being either from the rich

and poor people. Through this narrative nonfiction, the society should

know about the legal regulation in America, so when there is a power

abuse on the judicial system, as soon as possible they can be aware of what

should be done to get right as citizens. By knowing the legal regulation,

the human can be taking against the abuses of power.

The last discussion is that John Grisham wants to criticize about the

judicial system in America. He describes that the judicial system in

America is still so week, so the innocent people could still be sentenced to

death or imprisonment for life. Through the real story of Ron Williamson

and Dennis Frits, Grisham wants that the court system is repaired as best

as possible so the American people really get the justice of law.

E. Conclusion and Pedagogical Implication

Based on the structural analysis, the findings show that in this

nonfiction John Grisham wants to deliver message that people who are

sentenced as guilty are sometimes innocent and only the victims of power

abuse. John Grisham writes the story that hit on Ron and Dennis as the two

victims of abuse of power committed by the police of the State of

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Oklahoma. In The Innocent Man story, there are so many forms of

injustice that experienced by the innocent people. They get unfair

treatment during the trial proceeding such as providing the false witnesses

done by the legal apparatus. One of the innocent people does not get a

better treatment of his mental condition during in prison.

John Grisham makes the story for both Ron and Dennis in such a

way in the form of a story, so for some people might be impressed as a

novel. This indicates that John Grisham conveys the facts not in the form

of research reports, but in the form of narrative. So his work is easier to

read and to understand.

Based on the sociological analysis, it is clear that John Grisham

describes the social reality of the American Society of the late twentieth

and early twenty first centuries associated with the phenomenon of power

abuse. Through The Innocent Man, John Grisham not only gives a lesson

to the people of the United States about what actually happened and about

their rights as citizen, but he also criticizes the government and law

enforcement officials who have committed abuse of power for their own

interests.

Based on the issue of power abuse, the writer identifies the problem

of education through the research of abuse of power. One example of the

problems of abuse of power that occurred in the field of education is a case

of misappropriation of funds of the school operation assistance (BOS). The

government has allocated a budget of at least 20 percent of the state

budget. When the budget for education is so great, then there is a chance of

misuse of budgets, malfeasance and corruption.

In the field of education, there are many cases of corruption

ranging from misappropriation of funds of school operation assistance,

abuses of authority in the procurement of goods and services that may be

detrimental to the overall education. The corruption is caused due to

human character who is never satisfied with what has been achieved. In

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addition, corruption can occur due to less professional in handling and

overseeing the management of the fund so that it can be abused.

The result of these problems is the declining quality of education.

This is because the source of funds for the betterment effort both in terms

of human resources and means of supporting the learning may not be

immediately implemented. The funds should be used to support the

improvement of quality of education thus abused by parties who are not

responsible. By the existence of these cases, the Ministry of national

education should take immediate action emphatic so the fund of school

operation assistance is not abused again. The government should set up

and oversee the performance of employees in education.

REFERENCES

Bratteli, Marlys. 2003. Caregiver Abuse, Neglect and Exploitation. North Dakota:

North Dakota State University

Denzin, Norman K and Lincoln, Yvonna S. 2009. Handbook of Qualitative

Research. Yogyakarta: Pustaka Pelajar.

Faruk. 1994. Pengantar Sosiologi Sastra. Yogyakarta: Pustaka Pelajar.

Friedman, Lawrence M. 1995. The Legal System: A Social Science Perspective.

New York: Russel Sage Foundation.

Gorin, Stuart and Bruce Carey. 1999. “Players in The Judicial Process”. In

Electronic Journal of U.S. Information Agency. Issue of Democracy.

Volume 4, Number 2. Page 12-17.

Mauk, David and John Oakland. 1997. American Civilization: An Introduction.

London: Routledge.

Swingewood, Alan and Laurenson, Diana T. 1972. Sociology of Literature. New

York: Schocken Books.

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VIRTUAL REFERENCE

http://www.dnatestingforpaternity.com/forensic-dna-test.html

http://www.innocenceproject.org/